Wallenback

This is an appeal by the plaintiff from a judgment in favor of the defendant in an action brought against her as executrix of the last will and testament of James Beechler, deceased, to recover twenty-five thousand dollars damages for the breach of an alleged contract between plaintiff and defendant’s testator.

James Beechler, during his lifetime, was a physician engaged in operating a sanitarium at Soquel, Santa Cruz County, California. The contract alleged in the complaint was one by which plaintiff and his wife agreed to take care of Dr. Beechler and his wife during their lives, and to take full charge of the sanitarium operated by the doctor, and to care for the doctor and his wife in sickness and in death, and in consideration of these services the doctor and his wife agreed to give and convey to plaintiff and his wife all the property then owned or thereafter to be acquired by them.

The trial court found, upon sharply conflicting evidence, that the alleged contract was never signed by either Dr. Beeehler or his wife, and that their names were not signed thereto with their knowledge, consent, or authority, and that the alleged contract set out in the complaint was not…